[Article] Judge criticises pedestrian facilities

Victor

http://www.irishtimes.com/newspaper/breaking/2010/0226/breaking62.html

Judge criticises pedestrian facilities

MARY CAROLAN

The "minimum provision" for pedestrians in Irish cities and towns has made "a marked contribution" towards danger to them on our roads, a High Court judge has said.

Mr Justice Peter Charleton was speaking today as he ruled that taxi driver Patrick McCormack and a pedestrian he knocked down in Athlone, Anthony McDermott, were both negligent concerning the accident and therefore Mr McDermott was entitled to just €133,379 damages, half of the full value of the case.

The judge found contributory negligence of 50 per cent by Mr McDermott (53) through “inattention and alcohol impairment” while Mr McCormack was negligent in driving at more than 35mph and not seeing Mr McDermott, who was wearing a white T-shirt, on the road prior to his being hit by the taxi.

He was giving his reserved judgment on proceedings by Mr McDermott (57) over an accident on August 26th 2006 when he was knocked down on the Dublin Road in Athlone by a Toyota Camray taxi driven by Mr McCormack.

Mr McDermott suffered multiple injuries, including fractures of his collar-bone, leg, elbow, shoulder, a punctured lung and broken ribs.

After outlining the evidence, the judge said he accepted both men gave honest evidence about the circumstances of the accident but he believed the evidence of the defendant was “less reliable and less accurate”.

Mr McDermott was definitely thrown up into the air by the impact with the taxi and it was probable both he and the car travelled together for a small distance. He found the speed at which the taxi was travelling exceeded 35mph, “an unsafe speed” in the area.

There was minimum provision for pedestrians in Irish cities and drivers may therefore expect them to be on the road, he said. Unlike other countries, such as Switzerland, there was a marked absence of pedestrian crossings.

“We seem to have gone from the old situation of zebra crossings in requiring perfection in road crossings with traffic lights and beepers, instead of making reasonable provision,” he said.

“This has made a marked contribution towards danger to pedestrians on our roads. It is a circumstance of which every driver is aware who travels through any city or large town in Ireland and is particularly acute in this area where the accident happened.”

The judge found Mr McDermott crossed from his flat in Athlone to the centre of the road and then moved forward into the path of the taxi. Mr McDermott should have been seen and it was evidence of negligence he was not seen, he ruled. There was a duty of care towards Mr McDermott by the defendant.

Once a pedestrian is seen in the middle of the road, it was essential drivers should take care, being aware a pedestrian may make an error of judgment. Speeding past a pedestrian at over 35mph, whatever the sped limit, was not reasonable care and nor was failing to see him in the middle of the road, he said.

Mr McDermott had, through inattention and alcohol impairment, contributed markedly to the injuries he suffered, the judge said. Mr McDermott, he noted, was an alcoholic who had consumed drinks earlier that day and also after returning home that evening from a meeting of Alcoholics Anonymous.